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MYERS v. STATE

No. 55348.

573 S.W.2d 19 (1978)

Alton Eugene MYERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

November 8, 1978.

Attorney(s) appearing for the Case

Frank W. Sullivan, III, Fort Worth, for appellant.

Davis S. McAngus, Asst. State's Atty., for the State.

Before DOUGLAS, DAVIS and VOLLERS, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of more than four ounces of marihuana. Art. 4476-15, Sec. 4.05(a) & (b)(1), V.A.C.S. The jury assessed punishment at ten years and a $5,000 fine.

The appellant and his wife were tried together in a joint trial. As hereinafter noted, a mistrial was declared as to appellant's wife.

Since we find that the prosecutor's...

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